[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Presidential Documents]
[Pages 24595-24606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10550]



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Part V





The President





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Executive Order 13148--Greening the Government Through Leadership in 
Environmental Management



Executive Order 13149--Greening the Government Through Federal Fleet 
and Transportation Efficiency



Executive Order 13150--Federal Workforce Transportation
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                         Presidential Documents 
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  Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13148 of April 21, 2000

                
Greening the Government Through Leadership in

                Environmental Management

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Emergency Planning and Community 
                Right-to-Know Act of 1986 (42 U.S.C. 11001-11050) 
                (EPCRA), the Pollution Prevention Act of 1990 (42 
                U.S.C. 13101-13109) (PPA), the Clean Air Act (42 U.S.C. 
                7401-7671q) (CAA), and section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                PART 1--PREAMBLE

                Section 101. Federal Environmental Leadership. The head 
                of each Federal agency is responsible for ensuring that 
                all necessary actions are taken to integrate 
                environmental accountability into agency day-to-day 
                decisionmaking and long-term planning processes, across 
                all agency missions, activities, and functions. 
                Consequently, environmental management considerations 
                must be a fundamental and integral component of Federal 
                Government policies, operations, planning, and 
                management. The head of each Federal agency is 
                responsible for meeting the goals and requirements of 
                this order.

                PART 2--GOALS

                Sec. 201. Environmental Management. Through development 
                and implementation of environmental management systems, 
                each agency shall ensure that strategies are 
                established to support environmental leadership 
                programs, policies, and procedures and that agency 
                senior level managers explicitly and actively endorse 
                these strategies.

                Sec. 202. Environmental Compliance. Each agency shall 
                comply with environmental regulations by establishing 
                and implementing environmental compliance audit 
                programs and policies that emphasize pollution 
                prevention as a means to both achieve and maintain 
                environmental compliance.

                Sec. 203. Right-to-Know and Pollution Prevention. 
                Through timely planning and reporting under the EPCRA, 
                Federal facilities shall be leaders and responsible 
                members of their communities by informing the public 
                and their workers of possible sources of pollution 
                resulting from facility operations. Each agency shall 
                strive to reduce or eliminate harm to human health and 
                the environment from releases of pollutants to the 
                environment. Each agency shall advance the national 
                policy that, whenever feasible and cost-effective, 
                pollution should be prevented or reduced at the source. 
                Funding for regulatory compliance programs shall 
                emphasize pollution prevention as a means to address 
                environmental compliance.

                Sec. 204. Release Reduction: Toxic Chemicals. Through 
                innovative pollution prevention, effective facility 
                management, and sound acquisition and procurement 
                practices, each agency shall reduce its reported Toxic 
                Release Inventory (TRI) releases and off-site transfers 
                of toxic chemicals for treatment and disposal by 10 
                percent annually, or by 40 percent overall by December 
                31, 2006.

                Sec. 205. Use Reduction: Toxic Chemicals and Hazardous 
                Substances and Other Pollutants. Through identification 
                of proven substitutes and established facility 
                management practices, including pollution prevention, 
                each agency shall reduce its use of selected toxic 
                chemicals, hazardous substances, and pollutants, or its 
                generation of hazardous and radioactive waste types at 
                its facilities by 50 percent by December 31, 2006. If 
                an agency is unable

[[Page 24596]]

                to reduce the use of selected chemicals, that agency 
                will reduce the use of selected hazardous substances or 
                its generation of other pollutants, such as hazardous 
                and radioactive waste types, at its facilities by 50 
                percent by December 31, 2006.

                Sec. 206. Reductions in Ozone-Depleting Substances. 
                Through evaluating present and future uses of ozone-
                depleting substances and maximizing the purchase and 
                the use of safe, cost effective, and environmentally 
                preferable alternatives, each agency shall develop a 
                plan to phase out the procurement of Class I ozone-
                depleting substances for all nonexcepted uses by 
                December 31, 2010.

                Sec. 207. Environmentally and Economically Beneficial 
                Landscaping. Each agency shall strive to promote the 
                sustainable management of Federal facility lands 
                through the implementation of cost-effective, 
                environmentally sound landscaping practices, and 
                programs to reduce adverse impacts to the natural 
                environment.

                PART 3--PLANNING AND ACCOUNTABILITY

                Sec. 301. Annual Budget Submission. Federal agencies 
                shall place high priority on obtaining funding and 
                resources needed for implementation of the Greening the 
                Government Executive Orders, including funding to 
                address findings and recommendations from environmental 
                management system audits or facility compliance audits 
                conducted under sections 401 and 402 of this order. 
                Federal agencies shall make such requests as required 
                in Office of Management and Budget (OMB) Circular A-11.

                Sec. 302. Application of Life Cycle Assessment 
                Concepts. Each agency with facilities shall establish a 
                pilot program to apply life cycle assessment and 
                environmental cost accounting principles. To the 
                maximum extent feasible and cost-effective, agencies 
                shall apply those principles elsewhere in the agency to 
                meet the goals and requirements of this order. Such 
                analysis shall be considered in the process established 
                in the OMB Capital Programming Guide and OMB Circular 
                A-11. The Environmental Protection Agency (EPA), in 
                coordination with the Workgroup established in section 
                306 of this order, shall, to the extent feasible, 
                assist agencies in identifying, applying, and 
                developing tools that reflect life cycle assessment and 
                environmental cost accounting principles and provide 
                technical assistance to agencies in developing life 
                cycle assessments and environmental cost accounting 
                assessments under this Part.

                Sec. 303. Pollution Prevention to Address Compliance. 
                Each agency shall ensure that its environmental 
                regulatory compliance funding policies promote the use 
                of pollution prevention to achieve and maintain 
                environmental compliance at the agency's facilities. 
                Agencies shall adopt a policy to preferentially use 
                pollution prevention projects and activities to correct 
                and prevent noncompliance with environmental regulatory 
                requirements. Agency funding requests for facility 
                compliance with Federal, State, and local environmental 
                regulatory requirements shall emphasize pollution 
                prevention through source reduction as the means of 
                first choice to ensure compliance, with reuse and 
                recycling alternatives having second priority as a 
                means of compliance.

                Sec. 304. Pollution Prevention Return-on-Investment 
                Programs. Each agency shall develop and implement a 
                pollution prevention program at its facilities that 
                compares the life cycle costs of treatment and/or 
                disposal of waste and pollutant streams to the life 
                cycle costs of alternatives that eliminate or reduce 
                toxic chemicals or pollutants at the source. Each 
                agency shall implement those projects that are life-
                cycle cost-effective, or otherwise offer substantial 
                environmental or economic benefits.

                Sec. 305. Policies, Strategies, and Plans.

                    (a) Within 12 months of the date of this order, 
                each agency shall ensure that the goals and 
                requirements of this order are incorporated into 
                existing agency environmental directives, policies, and 
                documents affected by the requirements and goals of 
                this order. Where such directives and policies

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                do not already exist, each agency shall, within 12 
                months of the date of this order, prepare and endorse a 
                written agency environmental management strategy to 
                achieve the requirements and goals of this order. 
                Agency preparation of directives, policies, and 
                documents shall reflect the nature, scale, and 
                environmental impacts of the agency's activities, 
                products, or services. Agencies are encouraged to 
                include elements of relevant agency policies or 
                strategies developed under this part in agency planning 
                documents prepared under the Government Performance and 
                Results Act of 1993, Public Law 103-62.
                    (b) By March 31, 2002, each agency shall ensure 
                that its facilities develop a written plan that sets 
                forth the facility's contribution to the goals and 
                requirements established in this order. The plan should 
                reflect the size and complexity of the facility. Where 
                pollution prevention plans or other formal 
                environmental planning instruments have been prepared 
                for agency facilities, an agency may elect to update 
                those plans to meet the requirements and goals of this 
                section.
                    (c) The Federal Acquisition Regulation (FAR) 
                Council shall develop acquisition policies and 
                procedures for contractors to supply agencies with all 
                information necessary for compliance with this order. 
                Once the appropriate FAR clauses have been published, 
                agencies shall use them in all applicable contracts. In 
                addition, to the extent that compliance with this order 
                is made more difficult due to lack of information from 
                existing contractors, or concessioners, each agency 
                shall take practical steps to obtain the information 
                needed to comply with this order from such contractors 
                or concessioners.

                Sec. 306. Interagency Environmental Leadership 
                Workgroup. Within 4 months of the date of this order, 
                EPA shall convene and chair an Interagency 
                Environmental Leadership Workgroup (the Workgroup) with 
                senior-level representatives from all executive 
                agencies and other interested independent Government 
                agencies affected by this order. The Workgroup shall 
                develop policies and guidance required by this order 
                and member agencies shall facilitate implementation of 
                the requirements of this order in their respective 
                agencies. Workgroup members shall coordinate with their 
                Agency Environmental Executive (AEE) designated under 
                section 301(d) of Executive Order 13101 and may request 
                the assistance of their AEE in resolving issues that 
                may arise among members in developing policies and 
                guidance related to this order. If the AEEs are unable 
                to resolve the issues, they may request the assistance 
                of the Chair of the Council on Environmental Quality 
                (CEQ).

                Sec. 307. Annual Reports. Each agency shall submit an 
                annual progress report to the Administrator on 
                implementation of this order. The reports shall include 
                a description of the progress that the agency has made 
                in complying with all aspects of this order, including, 
                but not limited to, progress in achieving the reduction 
                goals in sections 502, 503, and 505 of this order. Each 
                agency may prepare and submit the annual report in 
                electronic format. A copy of the report shall be 
                submitted to the Federal Environmental Executive (FEE) 
                by EPA for use in the biennial Greening the Government 
                Report to the President prepared in accordance with 
                Executive Order 13101. Within 9 months of the date of 
                this order, EPA, in coordination with the Workgroup 
                established under section 306 of this order, shall 
                prepare guidance regarding the information and timing 
                for the annual report. The Workgroup shall coordinate 
                with those agencies responsible for Federal agency 
                reporting guidance under the Greening the Government 
                Executive orders to streamline reporting requirements 
                and reduce agency and facility-level reporting burdens. 
                The first annual report shall cover calendar year 2000 
                activities.

                PART 4--PROMOTING ENVIRONMENTAL MANAGEMENT AND 
                LEADERSHIP

                Sec. 401. Agency and Facility Environmental Management 
                Systems. To attain the goals of section 201 of this 
                order:

                    (a) Within 18 months of the date of this order, 
                each agency shall conduct an agency-level environmental 
                management system self assessment based

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                on the Code of Environmental Management Principles for 
                Federal Agencies developed by the EPA (61 Fed. Reg. 
                54062) and/or another appropriate environmental 
                management system framework. Each assessment shall 
                include a review of agency environmental leadership 
                goals, objectives, and targets. Where appropriate, the 
                assessments may be conducted at the service, bureau, or 
                other comparable level.
                    (b) Within 24 months of the date of this order, 
                each agency shall implement environmental management 
                systems through pilot projects at selected agency 
                facilities based on the Code of Environmental 
                Management Principles for Federal Agencies and/or 
                another appropriate environmental management system 
                framework. By December 31, 2005, each agency shall 
                implement an environmental management system at all 
                appropriate agency facilities based on facility size, 
                complexity, and the environmental aspects of facility 
                operations. The facility environmental management 
                system shall include measurable environmental goals, 
                objectives, and targets that are reviewed and updated 
                annually. Once established, environmental management 
                system performance measures shall be incorporated in 
                agency facility audit protocols.

                Sec. 402. Facility Compliance Audits. To attain the 
                goals of section 202 of this order:

                    (a) Within 12 months of the date of this order, 
                each agency that does not have an established 
                regulatory environmental compliance audit program shall 
                develop and implement a program to conduct facility 
                environmental compliance audits and begin auditing at 
                its facilities within 6 months of the development of 
                that program.
                    (b) An agency with an established regulatory 
                environmental compliance audit program may elect to 
                conduct environmental management system audits in lieu 
                of regulatory environmental compliance audits at 
                selected facilities.
                    (c) Facility environmental audits shall be 
                conducted periodically. Each agency is encouraged to 
                conduct audits not less than every 3 years from the 
                date of the initial or previous audit. The scope and 
                frequency of audits shall be based on facility size, 
                complexity, and the environmental aspects of facility 
                operations. As appropriate, each agency shall include 
                tenant, contractor, and concessioner activities in 
                facility audits.
                    (d) Each agency shall conduct internal reviews and 
                audits and shall take such other steps, as may be 
                necessary, to monitor its facilities' compliance with 
                sections 501 and 504 of this order.
                    (e) Each agency shall consider findings from the 
                assessments or audits conducted under Part 4 in program 
                planning under section 301 of this order and in the 
                preparation and revisions to facility plans prepared 
                under section 305 of this order.
                    (f) Upon request and to the extent practicable, the 
                EPA shall provide technical assistance in meeting the 
                requirements of Part 4 by conducting environmental 
                management reviews at Federal facilities and developing 
                policies and guidance for conducting environmental 
                compliance audits and implementing environmental 
                management systems at Federal facilities.

                Sec. 403. Environmental Leadership and Agency Awards 
                Programs.

                    (a) Within 12 months of the date of this order, the 
                Administrator shall establish a Federal Government 
                environmental leadership program to promote and 
                recognize outstanding environmental management 
                performance in agencies and facilities.
                    (b) Each agency shall develop an internal agency-
                wide awards program to reward and highlight innovative 
                programs and individuals showing outstanding 
                environmental leadership in implementing this order. In 
                addition, based upon criteria developed by the EPA in 
                coordination with the Workgroup established in section 
                306 of this order, Federal employees who demonstrate 
                outstanding leadership in implementation of this order 
                may be considered for recognition under the White House 
                awards program set forth in section 803 of Executive 
                Order 13101 of September 14, 1998.

                Sec. 404. Management Leadership and Performance 
                Evaluations.

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                    (a) To ensure awareness of and support for the 
                environmental requirements of this order, each agency 
                shall include training on the provisions of the 
                Greening the Government Executive orders in standard 
                senior level management training as well as training 
                for program managers, contracting personnel, 
                procurement and acquisition personnel, facility 
                managers, contractors, concessioners, and other 
                personnel as appropriate. In coordination with the 
                Workgroup established under section 306 of this order, 
                the EPA shall prepare guidance on implementation of 
                this section.
                    (b) To recognize and reinforce the responsibilities 
                of facility and senior headquarters program managers, 
                regional environmental coordinators and officers, their 
                superiors, and, to the extent practicable and 
                appropriate, others vital to the implementation of this 
                order, each agency shall include successful 
                implementation of pollution prevention, community 
                awareness, and environmental management into its 
                position descriptions and performance evaluations for 
                those positions.

                Sec. 405. Compliance Assistance.

                    (a) Upon request and to the extent practicable, the 
                EPA shall provide technical advice and assistance to 
                agencies to foster full compliance with environmental 
                regulations and all aspects of this order.
                    (b) Within 12 months of the date of this order, the 
                EPA shall develop a compliance assistance center to 
                provide technical assistance for Federal facility 
                compliance with environmental regulations and all 
                aspects of this order.
                    (c) To enhance landscaping options and awareness, 
                the United States Department of Agriculture (USDA) 
                shall provide information on the suitability, 
                propagation, and the use of native plants for 
                landscaping to all agencies and the general public by 
                USDA in conjunction with the center under subsection 
                (b) of this section. In implementing Part 6 of this 
                order, agencies are encouraged to develop model 
                demonstration programs in coordination with the USDA.

                Sec. 406. Compliance Assurance.

                    (a) In consultation with other agencies, the EPA 
                may conduct such reviews and inspections as may be 
                necessary to monitor compliance with sections 501 and 
                504 of this order. Each agency is encouraged to 
                cooperate fully with the efforts of the EPA to ensure 
                compliance with those sections.
                    (b) Whenever the Administrator notifies an agency 
                that it is not in compliance with section 501 or 504 of 
                this order, the agency shall provide the EPA a detailed 
                plan for achieving compliance as promptly as 
                practicable.
                    (c) The Administrator shall report annually to the 
                President and the public on agency compliance with the 
                provisions of sections 501 and 504 of this order.

                Sec. 407. Improving Environmental Management. To ensure 
                that government-wide goals for pollution prevention are 
                advanced, each agency is encouraged to incorporate its 
                environmental leadership goals into its Strategic and 
                Annual Performance Plans required by the Government 
                Performance and Results Act of 1993, Public Law 103-62, 
                starting with performance plans accompanying the FY 
                2002 budget.

                PART 5--EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW, 
                AND POLLUTION PREVENTION

                Sec. 501. Toxics Release Inventory/Pollution Prevention 
                Act Reporting. To attain the goals of section 203 of 
                this order:

                    (a) Each agency shall comply with the provisions 
                set forth in section 313 of EPCRA, section 6607 of PPA, 
                all implementing regulations, and future amendments to 
                these authorities, in light of applicable EPA guidance.
                    (b) Each agency shall comply with these provisions 
                without regard to the Standard Industrial 
                Classification (SIC) or North American Industrial 
                Classification System (NAICS) delineations. Except as 
                described in subsection (d) of this section, all other 
                existing statutory or regulatory limitations or

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                exemptions on the application of EPCRA section 313 to 
                specific activities at specific agency facilities apply 
                to the reporting requirements set forth in subsection 
                (a) of this section.
                    (c) Each agency required to report under subsection 
                (a) of this section shall do so using electronic 
                reporting as provided in EPA's EPCRA section 313 
                guidance.
                    (d) Within 12 months of the date of this order, the 
                Administrator shall review the impact on reporting of 
                existing regulatory exemptions on the application of 
                EPCRA section 313 at Federal facilities. Where 
                feasible, this review shall include pilot studies at 
                Federal facilities. If the review indicates that 
                application of existing exemptions to Federal 
                Government reporting under this section precludes 
                public reporting of substantial amounts of toxic 
                chemicals under subsection 501(a), the EPA shall 
                prepare guidance, in coordination with the Workgroup 
                established under section 306 of this order, clarifying 
                application of the exemptions at Federal facilities. In 
                developing the guidance, the EPA should consider 
                similar application of such regulatory limitations and 
                exemptions by the private sector. To the extent 
                feasible, the guidance developed by the EPA shall be 
                consistent with the reasonable application of such 
                regulatory limitations and exemptions in the private 
                sector. The guidance shall ensure reporting consistent 
                with the goal of public access to information under 
                section 313 of EPCRA and section 6607 of PPA. The 
                guidance shall be submitted to the AEEs established 
                under section 301(d) of Executive Order 13101 for 
                review and endorsement. Each agency shall apply any 
                guidance to reporting at its facilities as soon as 
                practicable but no later than for reporting for the 
                next calendar year following release of the guidance.
                    (e) The EPA shall coordinate with other interested 
                Federal agencies to carry out pilot projects to collect 
                and disseminate information about the release and other 
                waste management of chemicals associated with the 
                environmental response and restoration at their 
                facilities and sites. The pilot projects will focus on 
                releases and other waste management of chemicals 
                associated with environmental response and restoration 
                at facilities and sites where the activities generating 
                wastes do not otherwise meet EPCRA section 313 
                thresholds for manufacture, process, or other use. Each 
                agency is encouraged to identify applicable facilities 
                and voluntarily report under subsection (a) of this 
                section the releases and other waste management of 
                toxic chemicals managed during environmental response 
                and restoration, regardless of whether the facility 
                otherwise would report under subsection (a). The 
                releases and other waste management of chemicals 
                associated with environmental response and restoration 
                voluntarily reported under this subsection will not be 
                included in the accounting established under sections 
                503(a) and (c) of this order.

                Sec. 502. Release Reduction: Toxic Chemicals. To attain 
                the goals of section 204 of this order:

                    (a) Beginning with reporting for calendar year 2001 
                activities, each agency reporting under section 501 of 
                this order shall adopt a goal of reducing, where cost 
                effective, the agency's total releases of toxic 
                chemicals to the environment and off-site transfers of 
                such chemicals for treatment and disposal by at least 
                10 percent annually, or by 40 percent overall by 
                December 31, 2006. Beginning with activities for 
                calendar year 2001, the baseline for measuring progress 
                in meeting the reduction goal will be the aggregate of 
                all such releases and off-site transfers of such 
                chemicals for treatment and disposal as reported by all 
                of the agency's facilities under section 501 of this 
                order. The list of toxic chemicals applicable to this 
                goal is the EPCRA section 313 list as of December 1, 
                2000. If an agency achieves the 40 percent reduction 
                goal prior to December 31, 2006, that agency shall 
                establish a new baseline and reduction goal based on 
                agency priorities.
                    (b) Where an agency is unable to pursue the 
                reduction goal established in subsection (a) for 
                certain chemicals that are mission critical and/or 
                needed to protect human health and the environment or 
                where agency off-site transfer

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                of toxic chemicals for treatment is directly associated 
                with environmental restoration activities, that agency 
                may request a waiver from the EPA for all or part of 
                the requirement in subsection (a) of this section. As 
                appropriate, waiver requests must provide: (1) an 
                explanation of the mission critical use of the 
                chemical; (2) an explanation of the nature of the need 
                for the chemical to protect human health; (3) a 
                description of efforts to identify a less harmful 
                substitute chemical or alternative processes to reduce 
                the release and transfer of the chemical in question; 
                and (4) a description of the off-site transfers of 
                toxic chemicals for treatment directly associated with 
                environmental restoration activities. The EPA shall 
                respond to the waiver request within 90 days and may 
                grant such a waiver for no longer than 2 years. An 
                agency may resubmit a request for waiver at the end of 
                that period. The waiver under this section shall not 
                alter requirements to report under section 501 of this 
                order.
                    (c) Where a specific component (e.g., bureau, 
                service, or command) within an agency achieves a 75 
                percent reduction in its 1999 reporting year publicly 
                reported total releases of toxic chemicals to the 
                environment and off-site transfers of such chemicals 
                for treatment and disposal, based on the 1994 baseline 
                established in Executive Order 12856, that agency may 
                independently elect to establish a reduction goal for 
                that component lower than the 40 percent target 
                established in subsection (a) of this section. The 
                agency shall formally notify the Workgroup established 
                in section 306 of this order of the elected reduction 
                target.

                Sec. 503. Use Reduction: Toxic Chemicals, Hazardous 
                Substances, and Other Pollutants. To attain the goals 
                of section 205 of this order:

                    (a) Within 18 months of the date of this order, 
                each agency with facilities shall develop and support 
                goals to reduce the use at such agencies' facilities of 
                the priority chemicals on the list under subsection (b) 
                of this section for identified applications and 
                purposes, or alternative chemicals and pollutants the 
                agency identifies under subsection (c) of this section, 
                by at least 50 percent by December 31, 2006.
                    (b) Within 9 months of the date of this order the 
                Administrator, in coordination with the Workgroup 
                established in section 306 of this order, shall develop 
                a list of not less than 15 priority chemicals used by 
                the Federal Government that may result in significant 
                harm to human health or the environment and that have 
                known, readily available, less harmful substitutes for 
                identified applications and purposes. In addition to 
                identifying the applications and purposes to which such 
                reductions apply, the Administrator, in coordination 
                with the Workgroup shall identify a usage threshold 
                below which this section shall not apply. The chemicals 
                will be selected from listed EPCRA section 313 toxic 
                chemicals and, where appropriate, other regulated 
                hazardous substances or pollutants. In developing the 
                list, the Administrator, in coordination with the 
                Workgroup shall consider: (1) environmental factors 
                including toxicity, persistence, and bio-accumulation; 
                (2) availability of known, less environmentally harmful 
                substitute chemicals that can be used in place of the 
                priority chemical for identified applications and 
                purposes; (3) availability of known, less 
                environmentally harmful processes that can be used in 
                place of the priority chemical for identified 
                applications and purposes; (4) relative costs of 
                alternative chemicals or processes; and (5) potential 
                risk and environmental and human exposure based upon 
                applications and uses of the chemicals by Federal 
                agencies and facilities. In identifying alternatives, 
                the Administrator should take into consideration the 
                guidance issued under section 503 of Executive Order 
                13101.
                    (c) If an agency, which has facilities required to 
                report under EPCRA, uses at its facilities less than 
                five of the priority chemicals on the list developed in 
                subsection (b) of this section for the identified 
                applications and purposes, the agency shall develop, 
                within 12 months of the date of this order, a list of 
                not less than five chemicals that may include priority 
                chemicals under subsection (b) of this section or other 
                toxic chemicals, hazardous substances, and/or other 
                pollutants the agency uses or generates,

[[Page 24602]]

                the release, transfer or waste management of which may 
                result in significant harm to human health or the 
                environment.
                    (d) In lieu of requirements under subsection (a) of 
                this section, an agency may, upon concurrence with the 
                Workgroup established under section 306 of this order, 
                develop within 12 months of the date of this order, a 
                list of not less than five priority hazardous or 
                radioactive waste types generated by its facilities. 
                Within 18 months of the date of this order, the agency 
                shall develop and support goals to reduce the agency's 
                generation of these wastes by at least 50 percent by 
                December 31, 2006. To the maximum extent possible, such 
                reductions shall be achieved by implementing source 
                reduction practices.
                    (e) The baseline for measuring reductions for 
                purposes of achieving the 50 percent reduction goal in 
                subsections (a) and (d) of this section for each agency 
                is the first calendar year following the development of 
                the list of priority chemicals under subsection (b) of 
                this section.
                    (f) Each agency shall undertake pilot projects at 
                selected facilities to gather and make publicly 
                available materials accounting data related to the 
                toxic chemicals, hazardous substances, and/or other 
                pollutants identified under subsections (b), (c), or 
                (d) of this section.
                    (g) Within 12 months of the date of this order, the 
                Administrator shall develop guidance on implementing 
                this section in coordination with the Workgroup. The 
                EPA shall develop technical assistance materials to 
                assist agencies in meeting the 50 percent reduction 
                goal of this section.
                    (h) Where an agency can demonstrate to the 
                Workgroup that it has previously reduced the use of a 
                priority chemical identified in subsection 503(b) by 50 
                percent, then the agency may elect to waive the 50 
                percent reduction goal for that chemical.

                Sec. 504. Emergency Planning and Reporting 
                Responsibilities. Each agency shall comply with the 
                provisions set forth in sections 301 through 312 of the 
                EPCRA, all implementing regulations, and any future 
                amendments to these authorities, in light of any 
                applicable guidance as provided by the EPA.

                Sec. 505. Reductions in Ozone-Depleting Substances. To 
                attain the goals of section 206 of this order:

                    (a) Each agency shall ensure that its facilities: 
                (1) maximize the use of safe alternatives to ozone-
                depleting substances, as approved by the EPA's 
                Significant New Alternatives Policy (SNAP) program; (2) 
                consistent with subsection (b) of this section, 
                evaluate the present and future uses of ozone-depleting 
                substances, including making assessments of existing 
                and future needs for such materials, and evaluate use 
                of, and plans for recycling, refrigerants, and halons; 
                and (3) exercise leadership, develop exemplary 
                practices, and disseminate information on successful 
                efforts in phasing out ozone-depleting substances.
                    (b) Within 12 months of the date of this order, 
                each agency shall develop a plan to phase out the 
                procurement of Class I ozone-depleting substances for 
                all nonexcepted uses by December 31, 2010. Plans should 
                target cost effective reduction of environmental risk 
                by phasing out Class I ozone depleting substance 
                applications as the equipment using those substances 
                reaches its expected service life. Exceptions to this 
                requirement include all exceptions found in current or 
                future applicable law, treaty, regulation, or Executive 
                order.
                    (c) Each agency shall amend its personal property 
                management policies and procedures to preclude disposal 
                of ozone depleting substances removed or reclaimed from 
                its facilities or equipment, including disposal as part 
                of a contract, trade, or donation, without prior 
                coordination with the Department of Defense (DoD). 
                Where the recovered ozone-depleting substance is a 
                critical requirement for DoD missions, the agency shall 
                transfer the materials to the DoD. The DoD will bear 
                the costs of such transfer.

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                PART 6--LANDSCAPING MANAGEMENT PRACTICES

                Sec. 601. Implementation.

                    (a) Within 12 months from the date of this order, 
                each agency shall incorporate the Guidance for 
                Presidential Memorandum on Environmentally and 
                Economically Beneficial Landscape Practices on Federal 
                Landscaped Grounds (60 Fed. Reg. 40837) developed by 
                the FEE into landscaping programs, policies, and 
                practices.
                    (b) Within 12 months of the date of this order, the 
                FEE shall form a workgroup of appropriate Federal 
                agency representatives to review and update the 
                guidance in subsection (a) of this section, as 
                appropriate.
                    (c) Each agency providing funding for nonfederal 
                projects involving landscaping projects shall furnish 
                funding recipients with information on environmentally 
                and economically beneficial landscaping practices and 
                work with the recipients to support and encourage 
                application of such practices on Federally funded 
                projects.

                Sec. 602. Technical Assistance and Outreach. The EPA, 
                the General Services Administration (GSA), and the USDA 
                shall provide technical assistance in accordance with 
                their respective authorities on environmentally and 
                economically beneficial landscaping practices to 
                agencies and their facilities.

                PART 7--ACQUISITION AND PROCUREMENT

                Sec. 701. Limiting Procurement of Toxic Chemicals, 
                Hazardous Substances, and Other Pollutants.

                    (a) Within 12 months of the date of this order, 
                each agency shall implement training programs to ensure 
                that agency procurement officials and acquisition 
                program managers are aware of the requirements of this 
                order and its applicability to those individuals.
                    (b) Within 24 months of the date of this order, 
                each agency shall determine the feasibility of 
                implementing centralized procurement and distribution 
                (e.g., ``pharmacy'') programs at its facilities for 
                tracking, distribution, and management of toxic or 
                hazardous materials and, where appropriate, implement 
                such programs.
                    (c) Under established schedules for review of 
                standardized documents, DoD and GSA, and other 
                agencies, as appropriate, shall review their 
                standardized documents and identify opportunities to 
                eliminate or reduce their use of chemicals included on 
                the list of priority chemicals developed by the EPA 
                under subsection 503(b) of this order, and make 
                revisions as appropriate.
                    (d) Each agency shall follow the policies and 
                procedures for toxic chemical release reporting in 
                accordance with FAR section 23.9 effective as of the 
                date of this order and policies and procedures on 
                Federal compliance with right-to-know laws and 
                pollution prevention requirements in accordance with 
                FAR section 23.10 effective as of the date of this 
                order.

                Sec. 702. Environmentally Benign Adhesives. Within 12 
                months after environmentally benign pressure sensitive 
                adhesives for paper products become commercially 
                available, each agency shall revise its specifications 
                for paper products using adhesives and direct the 
                purchase of paper products using those adhesives, 
                whenever technically practicable and cost effective. 
                Each agency should consider products using the 
                environmentally benign pressure sensitive adhesives 
                approved by the U.S. Postal Service (USPS) and listed 
                on the USPS Qualified Products List for pressure 
                sensitive recyclable adhesives.

                Sec. 703. Ozone-Depleting Substances. Each agency shall 
                follow the policies and procedures for the acquisition 
                of items that contain, use, or are manufactured with 
                ozone-depleting substances in accordance with FAR 
                section 23.8 and other applicable FAR provisions.

[[Page 24604]]

                Sec. 704. Environmentally and Economically Beneficial 
                Landscaping Practices.

                    (a) Within 18 months of the date of this order, 
                each agency shall have in place acquisition and 
                procurement practices, including provision of 
                landscaping services that conform to the guidance 
                referred to in section 601 of this order, for the use 
                of environmentally and economically beneficial 
                landscaping practices. At a minimum, such practices 
                shall be consistent with the policies in the guidance 
                referred to in section 601 of this order.
                    (b) In implementing landscaping policies, each 
                agency shall purchase environmentally preferable and 
                recycled content products, including EPA-designated 
                items such as compost and mulch, that contribute to 
                environmentally and economically beneficial practices.

                PART 8--EXEMPTIONS

                Sec. 801. National Security Exemptions. Subject to 
                subsection 902(c) of this order and except as otherwise 
                required by applicable law, in the interest of national 
                security, the head of any agency may request from the 
                President an exemption from complying with the 
                provisions of any or all provisions of this order for 
                particular agency facilities, provided that the 
                procedures set forth in section 120(j)(1) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980, as amended (42 U.S.C. 
                9620(j)(1)), are followed, with the following 
                exceptions: (a) an exemption issued under this section 
                will be for a specified period of time that may exceed 
                1 year; (b) notice of any exemption granted under this 
                section for provisions not otherwise required by law is 
                only required to the Director of OMB, the Chair of the 
                CEQ, and the Director of the National Security Council; 
                and (c) an exemption under this section may be issued 
                due to lack of appropriations, provided that the head 
                of the agency requesting the exemption shows that 
                necessary funds were requested by the agency in its 
                budget submission and agency plan under Executive Order 
                12088 of October 13, 1978, and were not contained in 
                the President's budget request or the Congress failed 
                to make available the requested appropriation. To the 
                maximum extent practicable, and without compromising 
                national security, each agency shall strive to comply 
                with the purposes, goals, and implementation steps in 
                this order. Nothing in this order affects limitations 
                on the dissemination of classified information pursuant 
                to law, regulation, or Executive order.

                Sec. 802. Compliance. After January 1, 2002, OMB, in 
                consultation with the Chair of the Workgroup 
                established by section 306 of this order, may modify 
                the compliance requirements for an agency under this 
                order, if the agency is unable to comply with the 
                requirements of the order. An agency requesting 
                modification must show that it has made substantial 
                good faith efforts to comply with the order. The cost-
                effectiveness of implementation of the order can be a 
                factor in OMB's decision to modify the requirements for 
                that agency's compliance with the order.

                PART 9--GENERAL PROVISIONS

                Sec. 901. Revocation. Executive Order 12843 of April 
                21, 1993, Executive Order 12856 of August 3, 1993, the 
                Executive Memorandum on Environmentally Beneficial 
                Landscaping of April 26, 1994, Executive Order 12969 of 
                August 8, 1995, and section 1-4. ``Pollution Control 
                Plan'' of Executive Order 12088 of October 13, 1978, 
                are revoked.

                Sec. 902. Limitations.

                    (a) This order is intended only to improve the 
                internal management of the executive branch and is not 
                intended to create any right, benefit, or trust 
                responsibility, substantive or procedural, enforceable 
                at law by a party against the United States, its 
                agencies, its officers, or any other person.
                    (b) This order applies to Federal facilities in any 
                State of the United States, the District of Columbia, 
                the Commonwealth of Puerto Rico, Guam, American Samoa, 
                the United States Virgin Islands, the Northern Mariana 
                Islands, and any other territory or possession over 
                which the United States has jurisdiction. Each agency 
                with facilities outside of these areas, however,

[[Page 24605]]

                is encouraged to make best efforts to comply with the 
                goals of this order for those facilities.
                    (c) Nothing in this order alters the obligations 
                under EPCRA, PPA, and CAA independent of this order for 
                Government-owned, contractor-operated facilities and 
                Government corporations owning or operating facilities 
                or subjects such facilities to EPCRA , PPA, or CAA if 
                they are otherwise excluded. However, each agency shall 
                include the releases and other waste management of 
                chemicals for all such facilities to meet the agency's 
                reporting responsibilities under section 501 of this 
                order.
                    (d) Nothing in this order shall be construed to 
                make the provisions of CAA sections 304 and EPCRA 
                sections 325 and 326 applicable to any agency or 
                facility, except to the extent that an agency or 
                facility would independently be subject to such 
                provisions.

                Sec. 903. Community Outreach. Each agency is encouraged 
                to establish a process for local community advice and 
                outreach for its facilities relevant to aspects of this 
                and other related Greening the Government Executive 
                orders. All strategies and plans developed under this 
                order shall be made available to the public upon 
                request.

                PART 10--DEFINITIONS

                For purposes of this order:

                Sec. 1001. General. Terms that are not defined in this 
                part but that are defined in Executive Orders 13101 and 
                13123 have the meaning given in those Executive orders. 
                For the purposes of Part 5 of this order all 
                definitions in EPCRA and PPA and implementing 
                regulations at 40 CFR Parts 370 and 372 apply.

                Sec. 1002. ``Administrator'' means the Administrator of 
                the EPA.

                Sec. 1003. ``Environmental cost accounting'' means the 
                modification of cost attribution systems and financial 
                analysis practices specifically to directly track 
                environmental costs that are traditionally hidden in 
                overhead accounts to the responsible products, 
                processes, facilities or activities.

                Sec. 1004. ``Facility'' means any building, 
                installation, structure, land, and other property owned 
                or operated by, or constructed or manufactured and 
                leased to, the Federal Government, where the Federal 
                Government is formally accountable for compliance under 
                environmental regulation (e.g., permits, reports/
                records and/or planning requirements) with requirements 
                pertaining to discharge, emission, release, spill, or 
                management of any waste, contaminant, hazardous 
                chemical, or pollutant. This term includes a group of 
                facilities at a single location managed as an 
                integrated operation, as well as government owned 
                contractor operated facilities.

                Sec. 1005. ``Environmentally benign pressure sensitive 
                adhesives'' means adhesives for stamps, labels, and 
                other paper products that can be easily treated and 
                removed during the paper recycling process.

                Sec. 1006. ``Ozone-depleting substance'' means any 
                substance designated as a Class I or Class II substance 
                by EPA in 40 CFR Part 82.

                Sec. 1007. ``Pollution prevention'' means ``source 
                reduction,'' as defined in the PPA, and other practices 
                that reduce or eliminate the creation of pollutants 
                through: (a) increased efficiency in the use of raw 
                materials, energy, water, or other resources; or (b) 
                protection of natural resources by conservation.

                Sec. 1008. ``Greening the Government Executive orders'' 
                means this order and the series of orders on greening 
                the government including Executive Order 13101 of 
                September 14, 1998, Executive Order 13123 of June 3, 
                1999, Executive Order 13134 of August 12, 1999, and 
                other future orders as appropriate.

[[Page 24606]]

                Sec. 1009. ``Environmental aspects'' means the elements 
                of an organization's activities, products, or services 
                that can interact with the environment.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 21, 2000.

[FR Doc. 00-10550
Filed 4-25-00; 8:45 am]
Billing code 3195-01-P